US opts against granting prisoner of war status to soldier who crossed into North Korea

If not classified as a prisoner of war, King will not be covered under protections of the Geneva Convention

The United States has opted not to designate Army Private Travis King as a prisoner of war, even as the active-duty soldier crossed into North Korea last month and remains in the nation’s custody.

The 23-year-old who darted across the heavily guarded border at the demilitarised zone separating North and South Korea during a civilian tour has sparked open questions for the US military on how he should be classified.

According to four US officials familiar with the matter, factors like King’s decision to sprint across the US ally’s territory and into North Korea of his own free will in civilian attire, appear to have stripped him of the right to claim the POW status.

The US still has the option to call King a prisoner of war.

The formal status of the private army personnel is “AWOL” or absent without leave. As per the military regulations, he will be automatically declared a deserter after 30 days of being AWOL.

While declining to comment on King’s POW status, a Pentagon spokesperson said that the defence department’s priority was to bring him back to his home nation and that it was working to achieve that through all active channels.

“Private King must be treated humanely in accordance with international law,” the spokesperson said.

This message has been conveyed to Pyongyang in private communications, the US officials said, adding that these communications have not seen POW status being invoked.

There was no final decision, a US official, however, told Reuters on the condition of anonymity.

The US’s view on King’s status could evolve as it learns more about his case, the official said.

If not classified as a POW, King will not be covered by the protections entitled to prisoners of war under the Geneva Convention. The decision could prove to be critical for the US military given its commitment to leave no soldier behind enemy lines.

King, the active-duty soldier, might appear to qualify as a POW as the US and North Korea technically remain at war in the prolonged armistice they entered after the 1950-53 Korean War, which did not end in a peace treaty.